Miller v. State
Mississippi Supreme Court
Miller v. State, 99 Miss. 226 (Miss. 1911)
54 So. 838
Whiteield
Miller v. State
Opinion of the Court
The instruction No. 2 for the state is erroneous. It is erroneous for the reasons set out in Williams v. State, 95 Miss. 671, 49 South. 513, and since there is no instruction in the case which cures this error, and the case is one of circumstantial evidence, and an exceedingly close case on its facts, the giving of said instruction constitutes reversible error.
We consider no other assignment of error.
Reversed and remanded.
The above opinion is adopted as the opinion 'of the court, and for the reasons therein indicated the case is reversed and remanded.
Reference
- Full Case Name
- George Miller v. State
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Criminal Law. Circumstantial Evidence. Instructions. In a ease of circumstantial evidence, an instruction for the state that “circumstantial evidence may arise so high in the scale of belief as to generate full and complete conviction beyond a reasonable doubt of defendant’s guilt; and if it does rise so high in the scale of belief as to generate full and complete conviction of defendant’s guilt beyond a reasonable doubt in the minds of the jury, then they are authorized to act upon it and convict the defendant,” is fatally erroneous in failing to add that such evidence should exclude every other reasonable hypothesis than that of defendant’s guilt.